| Rosegay Holding Corp. v Ryan Benn d/b/a Awesome Auto |
| Motion No: 2007-00767 KC |
| Slip Opinion No: 2007 NYSlipOp 72628(U) |
| Decided on June 21, 2007 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| ROSEGAY HOLDING CORP., Appellant, -against- RYAN BENN d/b/a AWESOME AUTO, Respondent. |
DECISION
Motion by landlord-appellant for stay pending appeal denied.
On the court's own motion, appeal dismissed.
Landlord noticed its appeal from a determination dated May 14, 2007, granting a motion by tenant to be restored to possession. No appeal lies from that determination (CPLR 2219). Although a formal order was entered on May 16, 2007, such order indicates that the court did not receive or consider opposition papers from landlord. Thus, the order is not appealable (see Fair Price Med. Supply Corp. v ELRAC Inc., 12 Misc 3d 144[A], 2006 NY Slip Op 51437[U] [App Term, 2d & 11th Jud Dists]; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Vanderveer Apts. v Moore, 2 Misc 3d 132[A], 2004 NY Slip Op 50123[U] [App Term, 2d & 11th Jud Dists]; Scott v Mellen, NYLJ, Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]).